On the 26th of March, a Government imposed shutdown which will come into play for a period of twenty-one days and will possibly be extended further.
Under normal circumstances where an employee refuses to attend work the principle of no work, no pay will apply.
The present situation is different in that the employer subject to certain exceptions cannot provide work for the employee because of the Government imposed shutdown.
It is arguable that the principle of Force Majeure and or Supervening impossibility of performance is applicable.
Supervening impossibility of performance is the impossibility of performing a contractual obligation that arises after the formation of the contract and which the contracting party could not reasonably foresee at the time the contract was entered into.
In the circumstances, the principle of no work no pay will come into being and in a similar vein an employer cannot be bound to perform its duties in terms of the contract vis a via its employees and or third parties.
